Request for certificate of inheritance in terms of Civil Procedure Law

In this study, the certificate of inheritance was examined in terms of civil procedure law. In the first chapter, the certificate of inheritance and other terms used instead of it in the doctrine emphasized. Subsequently, the functions of the certificate of inheritance were explained and the legal nature of the document was determined. It was concluded that the inheritance certificate issued by the court was a verdict resulting from non-contentious jurisdiction; while the document issued by the notary was an official document. The legal nature of the certificate of inheritance is dealt with by making a distinction according to the office that issues the document, as it has been throughout the study. In the second part, the request for the certificate of inheritance and the procedure for the arrangement of the document were discussed. In this context, the legal nature of the request, the individuals authorized to request the document, and the terms of the assertion of the request in terms of substantive law are explained. Then the procedure of the issuance of the certificate of inheritance was examined. At this point, in the case of an objection to the issuance of a certificate of inheritance, which is a non-contentious jurisdiction in accordance with Civil Procedures Law art. 382, opinions on whether the document can be edited within the scope of contentious jurisdiction been evaluated. Then, explanations were made regarding the nature of the decision on the issuance of the document and the ways that could be applied as a result of this decision. In the third part of our study, the invalidity of the inheritance certificate and its consequences are discussed. In this context, the cancellation case and the path of objection in the Notary Act art. 71/C have been discussed. It has been concluded that the appeal path is a special way to control the document issued by the notary.